Legal Question in DUI Law in Utah

adding new chrgs to the signed ticket??

my 18 yr old daughter got a DUI she also had ''pot'' in her car. The police called me to pick her up after she was booked. when I arrived I asked the cop what her charges were, he said DUI. he then said that she is lucky coz he could've charged her with marijuana, but he wasn't going to. I thanked him, signed some kind of release form, then her and I left. I looked at her ticket and he indeed only charged her with DUI. She had her 1st court today and she had pot chgs along with her DUI. She pled not guilty, and then we asked the clerk for a copy of the ticket. There it was a DUI, and a POCS Marijuana. we have the original ticket and everything is identical except the cop added the ''pot'' chg. Can he do this?? she cant afford an attorney but my common sense says this is WRONG WRONG WRONG

Asked on 4/02/09, 11:16 pm

1 Answer from Attorneys

Glen Neeley Glen W. Neeley, Attorney at Law, P.C.

Re: adding new chrgs to the signed ticket??

The officer can add charges. Many times a prosecutor will read the reports and charge different charges than the officer, or decline to charge the same charges. The citation is simply an allegation. However, it would sure shed light on his credibility.

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Answered on 4/03/09, 1:40 pm

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